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POLITICAL SCIENCE II

GENDER INEQUALITY: ITS


REFLECTIONS ON POLITICAL
OBLIGATIONS

SUBMITTED BY:
ANANYA PATWARDHAN
ID Number: 2397
IV Trimester
II Year B.A. LL.B. (Hons.)
DATE OF SUBMISSION: August 8, 2018

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE


ABSTRACT
Throughout political philosophy, by means of the Public/ Private Divide, women have been
excluded from the political society, as a result of which they have had no political rights or
obligations. Now, however women are considered to be political beings and have the political
obligation and rights to participate in the governance of their countries by voting, contesting
elections, holding public office, etc. Political rights of women have been recognised and
enshrined in several legislations and international instruments. This research paper tries to
understand whether in reality too women have adequate representation in all levels of
government around the world, with special focus on India. While trying to understand the
extent of gender inequality in political participation, this paper concludes that while
inequality is reducing gradually, more conscious efforts need to be taken to accelerate the
change and to eliminate gender disparity in all walks of life.

INTRODUCTION
Simply put, having a political obligation means to have a moral duty to obey the laws of
one’s country or State.1 While there are several theories that analyse the various aspects of
what it means to have political obligations, most theories completely exclude women from
their purview. Political obligations come with being a part of the political society, but women
have hardly been considered as political beings. While things are much better, gender
inequality has perpetuated and still has several manifestations in today’s world.

When it comes to political participation, women hardly have adequate representation. As a


result of this, women centric issues are not focused on, and even if they are, policies
regarding the same are formulated by men who lack the perspective required. This only
makes matters worse for women by creating further obstacles in the path to progress and
gender parity. It is a very important discussion in the world currently, and there have been
efforts by international organisations as well as governments to improve the situation.
However, the reality is much different and unfortunately, very disturbing.

Through this research paper, the researcher aims to understand the reason for gender
inequality in the first place and how the public/private divide has only perpetuated it further.
Moreover, the researcher tries to analyse the relation between gender inequality and political
obligations, while studying statistical data. The data reflects both the global as well as the
1
‘Political Obligation’ (Stanford Encyclopaedia of Philosophy, 7 August 2014) <
https://plato.stanford.edu/entries/political-obligation/ > accessed 6 August 2018.

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Indian reality in terms of political participation of women. The scope is limited to political
participation in terms of contesting elections, voting and occupying public office. Finally, the
researcher intends to suggest measures that can eventually assist in eliminating gender
inequality in the political arena, and ultimately in all other aspects of life as well.

GENDER INEQUALITY: THE PUBLIC/PRIVATE DIVIDE


Western political thought and philosophy has, historically always excluded women from its
ambit and area of consideration. This has also been reflected in some of the significant works
of famous political philosophers through the years. Women have hardly been given their own
identity and have been more or less relegated to being just ‘mere appendages’ of men. 2 They
have been denied the right to even be a part of the political society, which by extension meant
that they had no political rights and obligations.

What is very interesting to note here is that since most political theories excluded women, the
framework was never made keeping their roles in mind. Being relegated to certain roles with
regards to the family, their position and interests were solely determined by the power
relations within her family.3 This dichotomy, wherein consciously, women were restricted
only to the domestic sphere comprising family, personal bonds and relationships, and were
denied participation in the political society of the state, the market and the government, is
referred to as the public private divide. 4 In this definition, ‘private’ refers to the realm of life
that cannot have intervention by external agencies, sans justification, while ‘public’ is
considered to be more accessible by the state.5

This public/private divide has manifested in several forms and even today continues to be the
major reason for gender inequality in various walks of life, including that of political
participation. It forms the basis of most issues concerning women today since it has
perpetuated as a concept and a reality since the time of the political theories of Plato,
Aristotle and Marx, to name a few.

Plato’s idea of this dichotomy relied mainly on the role of the private property. According to
him, abolition of private property would be in best interests of his ideal city since people
2
Linda Zerilli, ‘Feminist Theory and the Canon of Political Thought’ in John S. Dryzek, Bonnie Honig and
Anne Phillips (eds), The Oxford Handbook of Political Theory (Oxford University Press 2008).
3
Michelle Zimbalist Rosaldo, ‘Women, Culture and Society: A Theoretical Overview’ in Michelle Zimbalist
Rosaldo and Louise Lamphere (eds), Woman, Culture and Society (Stanford University Press 1974).
4
<http://vle.du.ac.in/mod/book/view.php?id=10492&chapterid=18241> accessed 7 August 2018.
5
Susan Moller Okin, ‘Gender, the Public and the Private’ in Anne Phillips (ed), Feminism and Politics (Oxford
University Press 1998).

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would then strive towards moral goodness instead of being driven by personal greed. Due to
this ideology, ‘private wives’ no longer had a role to play and were thus treated equally with
men in the public, political sphere.6

Aristotle on the other hand, considered the domestic sphere as the only place where men
could find leisure so as to be able to participate actively in the political sphere. 7 For him,
domination over women, which was integral to the institution, was also a part of the natural
order of the world.

Marx’s ideology is criticised on having neglected the analysis of sexuality and family, while
paying heed only to economic concerns.8 He focused on the sexual division of labour and
how women ended up becoming mere ‘instruments of production’. Additionally, while the
work of men in factories was recognised and was paid for in wages, domestic work by
women was deemed unproductive and not real labour.9

Radical Feminism: An Answer to the Public/Private Divide?

The Second Wave of Feminism with its slogan of ‘The Personal is Political’ strived to
emphasise that the root of the existing gender inequality lay in the constant relegation of
women to the domestic sphere. Unless issues concerning women were brought to the
forefront and discussed in the political arena, there was no way women could ever be free of
oppression and gender inequality.10

Radical feminism gave an extremely strong basis for the critique of the public/private
dichotomy. After careful deliberation about the dichotomy, one could understand that nothing
was really private, and that the state cannot declare private aspects of life as beyond its
regulation since that meant serious consequences for women in issues like marital rape and
domestic violence.11 Radical feminism also assisted in recognising that due to the
marginalisation faced by women, they had been consciously excluded from the public and
political realm, without any representation.12

6
Susan Moller Okin, ‘Philosopher Queens, Private Wives: Plato on Women and Family’ (1977) 6(4) Philosophy
and Public Affairs 345.
7
Dana Jalbert Stauffer, ‘Aristotle’s Account of the Subjugation of Women’ (2008) 70(4) The Journal of Politics
929.
8
Paresh Chattopadhyay, ‘Marx on Women’s Question’ (2001) 36(26) Economic and Political Weekly 2455.
9
ibid 2459.
10
Christopher Kelly, ‘The Personal is Political’ < https://www.britannica.com/topic/the-personal-is-political >
accessed 6 August 2018.
11
Nikolas Rose, ‘Beyond the Public/Private Division: Law, Power and the Family’ (1987) 14(1) Journal of Law
and Society 61.
12
Ruth Gavison, ‘Feminism and the Public/Private Distinction’ (1992) 45(1) Stanford Law Review 1.

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WOMEN AND POLITICAL OBLIGATIONS
From the above analysis, we have gathered that historically, women have always been
excluded from the political public realm and have been relegated to the confines of the
household. While this certainly had several implications for the ‘woman issues’ like
reproductive rights, domestic violence, marital rape, etc. it is important to understand that this
has also allowed gender inequality to permeate in political issues as well. With women not
being recognised as parts of the political society or being treated as citizens, they have had no
political rights or obligations.13

Women were imagined to have obligations not to the State but only to their families, in the
role of mother, wife and caretaker. Even here, the obligations were that of obedience itself,
except not to the State but to the patriarchal figures in their lives, namely father and husband.
According to the Consent Theory of political obligation, women could not even consent to
being a part of the political society and thus agreeing to fulfil political obligations towards the
state.14 The political sphere has always been associated with power and dominance and these
qualities are thought to be masculine. In contrast to that, women are supposed to embody
submissiveness, irrationality, etc and restrict themselves to caretaking and nurturing.

But in the recent times women have been recognised as constituents of the political society
and thus as also having political obligations towards the state, along with political rights.
Political obligations entail having certain duties towards the state, including that of
participating in the governance of the country and serving in its best interests. However, this
cannot be done unless women have certain political rights to go with them.

According to the Universal Declaration of Human Rights, all humans have the right to take
part in the government of their country.15 Additionally, the Convention on the Political Rights
of Women was brought into force in 1953. This was in the post-World War II circumstances,
that the need for enshrining the principle of gender equality was felt by the international
community. The Convention recognised everyone’s equal right to participate in the
governance in her or his country, to choose representatives, serve in public office and to
enjoy equality of political rights.16 This UN Convention gave legitimacy to gender equality in

13
Sarah A. Fulton, ‘Running Backwards and in High Heels: The Gendered Quality Gap and Incumbent
Electoral Success’ (2012) 65(2) Political Research Quarterly 303.
14
Carole Pateman, Nancy Hirschmann and G. Bingham Powell, ‘Political Obligation, Freedom and Feminism’
(1992) 86(1) The American Political Science Review 179.
15
The Universal Declaration of Human Rights (signed 10 December 1948) 27 art 21.
16
Convention on the Political Rights of Women (signed 31 March 1953) 193 UNTS 135.

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terms of right to vote in all elections without being discriminated against 17, right to contest
elections to all publicly elected bodies18 and right to hold public office on an equal footing
with men.19

Even under the Indian Constitution, according to Article 326, the system of Universal Adult
Franchise shall prevail for the elections to the Lok Sabha and State Legislative Assemblies.
This means that no Indian Citizen fulfilling the required criteria will be disallowed from
voting in the elections simply due to her sex.20

While there are all these provisions in place in Constitutions and international instruments,
how far have they been able to translate themselves into a reality for the women in terms of
equal political participation? To what extent have women been able to fulfil their political
obligations?

Need for Gender Equality in Politics?

It is absolutely essential to empower women and to enable them to exercise their agency in
the field of political participation since this will only help in ensuring transparency in the
governance of the country. As analysed earlier, there are several factors that hinder women
from representing themselves well in the political arena. Most of these have to do with the
power equations that exist and are manifested as the public private dichotomy. Another key
point to consider at this point is that no country can claim to serve the interests of its citizens
well when half of its population is not even adequately represented in the political realm.
Political participation ought to be ensured in a way that reflects the composition of the
society appropriately.21

One must also consider this- unless there is adequate representation of women in the public
sphere, there can be no hope for the advancement of woman and of issues particularly related
to them. These include matters related to reproductive rights, domestic violence, etc. So,
increased participation of women in positions of power will ensure that these women issues
receive proper attention from the authorities. Adequate inclusion of women in policy making
will ensure that their interests are taken into consideration and steps are taken towards their
advancement. Moreover, encouraging more women to participate in voting and making it

17
ibid art I.
18
ibid art II.
19
ibid art III.
20
The Constitution of India 1950 art 326.
21
Beijing Declaration and Platform for Action (adopted 15 September 1995).

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accessible to them will allow them to elect people in positions of power who will be able to
represent them accurately. Without all this, it will not be possible to reach the goals of
equality and development that the society strives for.22

WOMAN AND POLITICAL PARTICIPATION AROUND THE WORLD


It could be said that the real transformation of the political scene around the world towards
securing the right of women of political participation began with the Beijing Declaration and
Platform for Action during the Fourth World Conference on Women in 1995. This set the
tone and the path towards attaining gender equality in various aspects of life and sought to
alleviate women from the obstacles that they have to face each day. The Declaration is a
worldwide policy framework that seeks to empower women and girls and covers areas
ranging from poverty, education, economy, power and decision making, etc. It is very
significant to note that at the time of the Declaration, around 189 countries agreed to commit
themselves to this cause.23

It is really unfortunate to note, however that despite this, no country in the world has
succeeded in eliminating gender inequality in any field and women are still today not treated
at par with women in most walks of life. Globally, only around 10% of the members of
legislative bodies and other public offices are now held by women. This is really unsettling
considering that although they constitute nearly half of the electorate, they are still grossly
underrepresented in the political field.

However, there were certain positive developments in terms of increased political


participation by women in elections worldwide, but the increase in 2017 has only been from
23.3% to 23.4%, with regards to representation in national legislatures. It is important to note
that electoral quotas have certainly contributed in ensuring more seats won by women –
27.1% as from 22.3% in the past year.24

While these trends are certainly very encouraging, women should not be dissuaded from
actively participating in Parliamentary activities, which of late have been severely hampered
by instances of harassment. Apart from facing widespread discrimination in terms of voters
not believing in their abilities simply because of them being women, female politicians have
22
ibid 119.
23
ibid 123.
24
‘No change in overall average of women in parliaments despite increase in percentage of seats won by women
in the 2017 parliamentary elections worldwide’ (Inter-Parliamentary Union, 2 March 2018) <
https://www.ipu.org/news/press-releases/2018-03/no-change-in-overall-average-women-in-parliaments-despite-
increase-in-percentage-seats-won-women-in-2017-parliamentary > accessed 7 August 2018.

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to also tackle intimidation, psychological violence and death threats. 25 It is very visible from
the data above that progress is slowing down and that is a very worrisome situation for a
world that claims to be moving towards development and parity.

INDIAN SCENARIO
The Indian Constitution, at the time of its commencement had envisaged certain ideals of
liberty, justice and most importantly equality as it set off on its journey as a young Republic.
But it is rather unfortunate to note that it has still not been able to grant all its citizens
equality today. Gender discrimination continues to exist and manifests itself in all ways and
forms.

One cannot, however deny that times are changing. The agency of women is recognised and
acknowledged and they have been given the status of “full citizens” undoubtedly. But it is
also important to understand that increasing the political participation of women is essential
as the status that they hold in society is an important marker of national development.26

The struggle for equal treatment in the political field began in the pre-independence era with
women led by Margaret E. Cousins and Saraladevi Chaudharani demanded suffrage for
women as early as 1917. Along with the country’s independence, women also managed to
secure voting rights equal to that of men. It is very important to note that initially, the state
used to have very little to do with women, due to lack of woman presence in the public life.
However, that has changed with the evolution of the modern State. The State has eventually
started concerning itself with the women issues and has thus, started striving towards legal
equality for both women and men.

But mere Constitutional provisions that provide for equality in political participation have not
done much to ensure that the reality is such too. The woman participation in politics has been
remarkably low. While we have had Mrs Indira Gandhi as Prime Minister for several years
and many women CMs as well as Governors, such instances have been very few. Only some
women belonging to the upper socio-economic strata have been able to make voices heard, if
at all. This has left nearly all women in India unrepresented to their best interests. 27 There

25
‘Women parliamentary leaders to work for more inclusive politics’ (Inter-Parliamentary Union, 4 April 2018)
< https://www.ipu.org/news/press-releases/2018-04/women-parliamentary-leaders-work-more-inclusive-politics
> accessed 7 August 2018.
26
Manuka Khanna, ‘Political Participation of Women in India’ (2009) 70(1) The Indian Journal of Political
Science 55.
27
ibid 62.

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have been very few woman politicians who have occupied high public offices or have been
leaders of political parties. The few noteworthy exceptions include Sushma Swaraj,
Jayalalitha, Mamata Banerjee, Sonia Gandhi and Mayawati.

The most significant and latest statistics about political participation of women in India are
available in the Economic Survey 2018. It is really unsettling that despite the fact that women
form 49% of the Indian population, their representation at all strata of government is in a
deplorable condition. According to the Survey, only 9% of the 4,118 Members of Legislative
Assemblies (MLAs) are women.28 A report Women in Politics 2017 by the Inter-
Parliamentary Union and UN Women stated that the Lok Sabha had 64 (11.8% of 542 MPs)
and the Rajya Sabha 27 (11% of 245 MPs) women MPs. These numbers ranked India an
abysmal 148 out of 227 countries in terms of representation of women in executive
government and Parliament.29

There are certain specific problems that women in India face when it comes to perpetuation
of gender inequality in political participation. In the especially patriarchal nature of the Indian
society, women are prevented from entering the ‘power zone’ where all policies and
decisions are made. A career, especially a political one is always seen as being in conflict
with a woman’s ‘inherent and natural duties’ as a mother and wife. Lack of education and of
financial independence for majority of Indian women also hampers any ambitions for
contesting for elections for many. Character assassinations and threats of sexual assault and
death for women politicians are also aplenty and often deter them from going ahead with
contesting elections for public offices.30

Thus, the condition prevalent in India when it comes to women political participation is
shameful, whether with regards to voting, political parties being reluctant to give tickets to
women politicians to women in positions of public sphere.

28
Ashwaq Masoodi, ‘Only 9% of MLAs in India are women: Economic Survey’ (Livemint, 30 Jan 2018) <
https://www.livemint.com/Politics/NK0j2SUu8WRGgD8ULRBcRJ/Only-9-of-MLAs-in-India-are-women-
Economic-Survey.html > accessed 5 August 2018.
29
‘Economic Survey 2018: Women’s political participation in India low, need more’ (Financial Express, 29
January 2018) <https://www.financialexpress.com/budget/economic-survey-2018-womens-political-
participation-in-india-low-need-more/1035109/ > accessed 6 August 2018.

30
Khanna (n 26) 60.

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CERTAIN REFLECTIONS
It cannot be denied that gender inequality does exist in all aspects of life, and it is even more
prominent in the political sphere. This has been a long-standing problem and must certainly
be addressed. While this will not be an easy or quick transformation, certain measures can be
taken to ensure that women no longer have to face discrimination in representation.

There should be active support for woman leadership from governments from around the
world and they must encourage appointment of women in positions of responsibility. Women
legislators and their experiences should be included while enacting laws and formulating
policies related to women centric issues. Efforts should be taken to increase the outreach by
educating even the most marginalised women in the society about their rights and how they
can participate in the political realm. Political parties should be encouraged to have women
leaders represent the true needs and interests of women. Other institutions including NGOs
must give momentum to the gender equality movement by strengthening accountability and
generating awareness about the same. Finally, men should be encouraged to speak out about
the importance of gender equality and thus eventually, increase investment in women’s rights
by enlisting their help.31

CONCLUSION
It is quite evident from the discussion in this research paper that gender inequality still exists
in the field of political participation. Women hardly have any say, even in matters that
directly affect them. There is grossly inadequate representation for women as demonstrated
by statistical data, both for the world at large as well as for India. This goes to show that
while women, simply by virtue of being part of the political society, have political obligations
towards the State, particularly with regards to participating in the governance of the country,
they don’t have many rights to accompany them. And even in situations where there are
rights and provisions envisaged by the State, several factors prevalent in the society still
prevent women from actively participating in the political realm. This gender inequality
reflects very poorly on the world that claims to be moving towards development when the
concerns and perspectives of half the population is not even paid enough heed to. This
situation can be changed gradually only by proactive efforts on the part of the State and
change in the fundamental mindset of the society.

31
n 21.

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REFERENCES
Books
1. Mackinnon CA, Toward A Feminist Theory of the State (Harvard University Press
1989).
2. Okin SM, ‘Gender, the Public and the Private’ in Anne Phillips (ed), Feminism and
Politics (Oxford University Press 1998).

3. Rosaldo MZ, ‘Women, Culture and Society: A Theoretical Overview’ in Michelle


Zimbalist Rosaldo and Louise Lamphere (eds), Woman, Culture and Society (Stanford
University Press 1974).
4. Zerilli L, ‘Feminist Theory and the Canon of Political Thought’ in John S. Dryzek,
Bonnie Honig and Anne Phillips (eds), The Oxford Handbook of Political Theory
(Oxford University Press 2008).

Articles
1. Chattopadhyay P, ‘Marx on Women’s Question’ (2001) 36(26) Economic and
Political Weekly 2455.
2. Fulton SA, ‘Running Backwards and in High Heels: The Gendered Quality Gap and
Incumbent Electoral Success’ (2012) 65(2) Political Research Quarterly 303.
3. Gavison R, ‘Feminism and the Public/Private Distinction’ (1992) 45(1) Stanford Law
Review 1.
4. Khanna M, ‘Political Participation of Women in India’ (2009) 70(1) The Indian
Journal of Political Science 55.
5. Okin SM, ‘Philosopher Queens, Private Wives: Plato on Women and Family’ (1977)
6(4) Philosophy and Public Affairs 345.
6. Pateman C, Hirschmann N and Powell GB, ‘Political Obligation, Freedom and
Feminism’ (1992) 86(1) The American Political Science Review 179.
7. Rose N, ‘Beyond the Public/Private Division: Law, Power and the Family’ (1987)
14(1) Journal of Law and Society 61.
8. Stauffer DJ, ‘Aristotle’s Account of the Subjugation of Women’ (2008) 70(4) The
Journal of Politics 929.

Legislations
1. The Constitution of India 1950 art 326.

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Conventions & Declarations
1. Beijing Declaration and Platform for Action (adopted 15 September 1995).
2. Convention on the Political Rights of Women (signed 31 March 1953) 193 UNTS
135.

3. The Universal Declaration of Human Rights (signed 10 December 1948) 27.

Websites
1. ‘Economic Survey 2018: Women’s political participation in India low, need more’
(Financial Express, 29 January 2018)
<https://www.financialexpress.com/budget/economic-survey-2018-womens-political-
participation-in-india-low-need-more/1035109/ >.
2. ‘No change in overall average of women in parliaments despite increase in percentage
of seats won by women in the 2017 parliamentary elections worldwide’ (Inter-
Parliamentary Union, 2 March 2018) < https://www.ipu.org/news/press-
releases/2018-03/no-change-in-overall-average-women-in-parliaments-despite-
increase-in-percentage-seats-won-women-in-2017-parliamentary >.
3. ‘Political Obligation’ (Stanford Encyclopaedia of Philosophy, 7 August 2014) <
https://plato.stanford.edu/entries/political-obligation/ >.
4. ‘Women parliamentary leaders to work for more inclusive politics’ (Inter-
Parliamentary Union, 4 April 2018) < https://www.ipu.org/news/press-releases/2018-
04/women-parliamentary-leaders-work-more-inclusive-politics >.

5. <http://vle.du.ac.in/mod/book/view.php?id=10492&chapterid=18241>.
6. Kelly C, ‘The Personal is Political’ < https://www.britannica.com/topic/the-personal-
is-political >.

7. Masoodi A, ‘Only 9% of MLAs in India are women: Economic Survey’ (Livemint, 30


Jan 2018) <
https://www.livemint.com/Politics/NK0j2SUu8WRGgD8ULRBcRJ/Only-9-of-
MLAs-in-India-are-women-Economic-Survey.html >.

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